Terms of Service

"Ophie," "we," "us," and "our" refer to Inyeon LLC, a New York limited liability company that operates the Service and does business as "Ophie." If we transfer the Ophie business to an affiliated corporation in the future, that successor entity will assume all rights and obligations under these Terms, and references to "Ophie" will refer to that successor entity from the date of transfer forward.

"You" and "your" refer to you, as a user. The Service is offered only in the United States and only to individuals who are 18+.

"Service" means the Ophie webapp, ophie.app, any Ophie-branded application released in the future, our APIs, and related features and communications.

You may use the Service only if:

• you are at least 18 years old;
• you reside in, and are physically located in, the United States;
• you have legal capacity to enter into a binding contract;
• you have not been previously banned from the Service;
• your use is not prohibited by applicable US law or sanctions.

If we believe any of these representations is false — in particular, if we believe a user is under 18 — we may suspend or terminate the account without notice and delete the associated data.

You must create an account to use the Service. Keep your credentials safe and your information current. Notify us at team@ophie.app of any suspected unauthorized access. One person per account.

Ophie is a voice-first AI companion for everyday stressors and emotional well-being. The Service is intended only as supplementary, non-clinical support.

Subject to these Terms, Ophie grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use in the United States. This license ends automatically if you violate these Terms.

"Your Content" means voice audio, text, transcripts, memory entries, feedback, and other information you provide to or create through the Service, together with AI-generated content derived from your input.

You retain ownership of Your Content to the extent you own it. You grant Ophie a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, analyze, display, and create derivative works of Your Content solely to operate and improve the Service for you, keep the Service safe, and comply with law. This license ends when you delete the content or your account, subject to (i) backup purge cycles, (ii) records we must retain by law, and (iii) residual anonymized metrics.

We do not claim any right to use Your Content to train foundation models or any third-party AI model. If we ever seek to do so, we will obtain your separate, specific, affirmative, opt-in consent, and we will not condition access to the Service on granting it.

Feedback you provide is non-confidential. You grant Ophie a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use Feedback without obligation.

Ophie and its licensors own all right, title, and interest in the Service, including software, models (including fine-tunes), prompts, voice personas, UI designs, trademarks, logos, and content we create or license. Nothing here transfers those rights.

Note on AI output: under current US Copyright Office guidance, purely AI-generated output is not protected by copyright. We make no representation that any AI-generated output is or is not copyrightable and disclaim any such claim to the extent the law does not grant one.

You agree not to:

• use the Service to cause harm to yourself or others, or to plan a crime;
• present yourself fictionally, hypothetically, or in role-play to circumvent Ophie's safety guardrails;
• attempt to jailbreak, prompt-inject, or otherwise bypass safety, content, or privacy controls;
• use the Service to provide services to third parties (for example, as a "human-in-the-middle" for clinical advice);
• scrape, crawl, or collect data from the Service by automated means;
• reverse engineer, decompile, or attempt to derive source code, model weights, prompts, or embeddings, except to the extent such restriction is prohibited by law;
• use the Service to train, evaluate, or benchmark a competing AI system;
• copy, resell, rent, or commercially exploit the Service;
• upload malware, conduct DoS, probe our systems without authorization, or interfere with other users;
• impersonate another person or misrepresent your affiliation;
• violate any US law (including export-control and sanctions).

Ophie's responses are generated by probabilistic language models. They may be inaccurate, incomplete, out of date, biased, or inappropriate. Ophie is not a source of medical, mental-health, legal, or financial advice. Do not act on Ophie's output as if it were advice from a qualified professional.

Ophie may produce reasonable-sounding but wrong output ("hallucination"). You are responsible for independently evaluating any recommendation before acting.

Ophie uses memory of prior sessions in Memory mode. That memory is the product of automated inference and can be incorrect. You can review and edit what Ophie remembers at any time.

Ophie's automated systems screen your messages for language suggestive of risk and may pause or redirect the session, display crisis resources, and log the event to a restricted safety-audit log. These safeguards are not a substitute for emergency services.

Ophie has no duty to identify that you are in crisis, to warn any third party, or to contact emergency services on your behalf. Ophie is not a "mental health professional" under any state's Tarasoff-type statute. Ophie reserves the right, in its sole discretion and without any obligation to do so, to contact emergency services upon a specific, credible, imminent threat to life of an identifiable person.

See our Safety and Crisis Response Protocol.

• California SB 243 (effective Jan 1, 2026). Ophie notifies you at the start of each interaction that it is an AI; maintains a published crisis protocol; will file annual public reports with the CA Office of Suicide Prevention starting July 1, 2027.
• Utah HB 452 (effective May 7, 2025). Ophie discloses AI status on first access, on each access separated by 7+ days from the last, and whenever you ask. No advertisements currently; any future sponsorship will be disclosed. We do not sell or share individually identifiable health information of Utah users.
• New York AI Companion Models Law (effective Nov 5, 2025). Disclosure at session start and at least every three hours of continuing interaction; crisis-referral protocol maintained.
• FTC deception principles. Every statement here is a representation we intend to honor.

Ophie offers a free tier and paid subscription tiers. Where state law requires additional disclosures or consent (California ARL, New York GBL § 527-a, and laws of CO, CT, IL, FL, MD, OR, TN, VA, VT, WA, DC, and others), we present those disclosures at the point of purchase.

The Service is delivered with the help of third-party subprocessors listed in our Privacy Policy. We are responsible for selecting trustworthy providers and maintaining DPAs. We are not responsible for third-party services you choose to integrate outside of our official integrations.

Features marked "beta," "preview," or similar are provided "as is," may change or be discontinued at any time, and may have additional terms. Information about unreleased features is confidential.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES (MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY OF OUTPUT). WE DO NOT WARRANT UPTIME, ERROR-FREE OPERATION, SECURITY, OR ANY PARTICULAR RESULT (INCLUDING ANY MENTAL OR EMOTIONAL IMPROVEMENT). WE DO NOT WARRANT THAT AI OUTPUT IS ACCURATE, APPROPRIATE, OR COMPLETE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPHIE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. OPHIE'S AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID OPHIE IN THE 12 MONTHS BEFORE THE EVENT OR (B) USD $100.

These limits do not apply to liability that cannot be limited by law (e.g., gross negligence, fraud, willful misconduct, or bodily injury from a defective product, in states where such limits are not enforceable).

You will defend, indemnify, and hold harmless Ophie from any third-party claim arising out of (a) Your Content, (b) your violation of these Terms, (c) your violation of applicable law, or (d) your violation of a third party's rights. We may assume exclusive defense and control; you will cooperate.

• You: close your account at any time in Settings → Account → Delete Account, or email team@ophie.app.
• Ophie: we may suspend or terminate your account, with or without notice, for any reason permitted by law (including violations of these Terms, unpaid fees, or service cessation).
• Effect: your license ends. Sections 6 (residuals), 7, 9, 10, 15, 16, 17, 18, 20, 21, 22, and 24 survive.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 18 and nothing deprives you of non-waivable protections of your state's consumer-protection laws.

For any non-arbitrable Dispute, exclusive jurisdiction lies in the state and federal courts located in New York County, New York. Your right to bring small-claims actions in your own state is preserved.

Material changes will be communicated by email and/or in-product notice at least 30 days before they take effect. Continued use after the effective date indicates acceptance. We will not retroactively apply new Terms to use that occurred before the effective date, and we will not retroactively expand the license you have granted to Your Content.

The Service is offered only in the United States. You represent that you are not located in any US-embargoed or comprehensively sanctioned country/region (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions of Ukraine), not on the OFAC SDN list, and your use does not violate US export-control laws.

You consent to receive notices electronically, including via email and in-product messages, and to the use of electronic signatures and records under E-SIGN (15 U.S.C. §§ 7001 et seq.) and state UETA analogues. You may withdraw consent, but doing so may prevent you from using the Service.

Send DMCA notices to team@ophie.app with the elements required by 17 U.S.C. § 512(c)(3). We will register our designated agent with the US Copyright Office on launch. We maintain a repeat-infringer policy.

• Entire agreement: these Terms, the Privacy Policy, and any documents expressly incorporated.
• Order of precedence: Terms > Privacy Policy > in-product notice, unless the in-product notice expressly states otherwise.
• No waiver.
• Severability.
• Assignment: you may not assign; we may assign, including to a successor.
• Force majeure.
• No agency, partnership, or employment relationship.
• No third-party beneficiaries.
• Notices to you: email on file, in-product, or site posting.
• Notices to us: team@ophie.app.

Under Cal. Civ. Code § 1789.3: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Our ARL disclosures are in Section 12.